How Nintendo DRM trapped $400 of downloaded games on my failing Wii (updated)

And why the console maker wants $60 to help me free my purchases.

(This story has been updated with further information at the bottom of this post)

Downloading Nintendo’s massive, day-one Wii U firmware update took over an hour, but the length of time didn't bother me. I would finally be able to transfer the Virtual Console games I bought for the Wii over to my new Wii U. Then I could finally remove the old console itself from my entertainment center.

An error occurred

Moving content from an old Wii to a new Wii U could have been as simple as transferring Wii-based content to an SD card, then inserting that card into the Wii U. Instead, Nintendo set up a convoluted DRM system, hoping to ensure Wii owners could only play downloaded games (or access other personal content) on a single console.

The actual transfer process is handled by a free “Wii Transfer Tool,” which you download from the Wii Shop Channel to both the old and new systems. As the on-screen instructions explain in great detail, the process has three main steps:

Insert an SD card with at least 512MB free into the Wii U. The Wii U then registers the system and SD card with an Internet server. Next, it prepares a partition on the SD card for the transfer.

Put that same SD card into the Wii. The system connects to the Internet (presumably to confirm this content hasn’t been copied to another system yet), then copies the entire contents of the Wii system memory to the SD card. It will simultaneously delete that content from the source Wii.

Put the SD card back into the Wii U. After a final Internet check, all the data and personal information on the Wii is copied to the Wii U.

Getting this entire process set up was time-consuming and inconvenient. It required a lot of remote juggling and TV input switching. But after half an hour, I was finally watching a bunch of cute Pikmin slowly copy the accumulated contents of my Wii to the SD card. Then, with Step 2 of the above process roughly 33 percent done, the screen suddenly went black. My Wii displayed the message shown at the top of this post:

“An error occurred while accessing Wii system memory. Refer to the Wii Operations Manual for details.”

At this point, I had one thought—I was totally screwed. The Wii Transfer Tool warned me a dozen times not to turn off the system or remove the SD card during the transfer process. My data might have been corrupted. Or perhaps Nintendo’s servers already registered my transfer attempt and would prevent me from even trying again.

The system wasn’t responding to any Wii Remote input or even to a normal press of the power button. I finally bit the bullet: it was time to hold the power button down to perform a hard reset. Initially, things looked good, and I was surprised to find my data was unaffected. The transfer process started up again without a hitch. But the calm didn't last long; my second transfer stopped at exactly the same point as the first. A third attempt yielded the same results.

I finally listened to the screen and looked at the manual. The Wii Operations Manual pointed me to the Nintendo Support Website. The Nintendo Support Website directed me to an 800 number. The representative there delivered the news coolly: my system needed to be repaired before I could continue the transfer process. My Wii is well past its 12-month warranty, so this process would cost $75 plus a $10 cherry on top for the shipping.

What's actually trapped

Without the repair, I could recover some data from my Wii. My most important save data is already backed up to an SD card, and the rest can also be copied over to my Wii U without issue. (However, the Wii U oddly insists that I play each game on the new system before I’m allowed to copy over said data.)

But the Wii hardware actively prevents me from copying the save data for some games, most notably Super Smash Bros. Brawl and Mario Kart Wii. Why? My guess is that this is to solve possible technical or fairness issues associated with using the same online account on multiple systems. I still don’t really understand why that means the characters and levels I’ve unlocked have to be trapped on my Wii forever. I’m assuming the Wii Transfer Tool could move this save data for me, but the memory issue makes it impossible without paying for a repair.

All of that is only a minor inconvenience. The larger issue remains: the fate of dozens of Virtual Console games I’ve purchased for my Wii over the years hangs in the balance. The collection is worth about $400 by my estimates. Most of these games are backed up on that same SD card (since they wouldn’t all fit on the Wii system memory), but Nintendo’s copy protection ties their license data exclusively to the Wii system on which they were originally downloaded. The Wii Transfer Tool would move this license data for me, if it worked. As it stands, the games stay jailed on antiquated hardware.

If I want to re-download my purchases to the Wii U, there’s no way for me to confirm to the new system that I am, in fact, the person who purchased all these games. My Wii Shop account data is also tied to the Wii on which it was set up. (Naturally, shifting it to the Wii U requires the Wii Transfer Tool.) The 300 Wii Shop Points (worth only $3) I had left over are a small casualty of this situation, but I'm suddenly glad I didn’t keep a larger virtual currency balance. Any Miis I created or stored on the Wii are also trapped if the Wii Transfer Tool won't ultimately work, but I can't say I'm too broken up about that.

I asked the Nintendo support representative whether there was any way to just transfer my license and account data from the Wii to the Wii U. This could prove to the system that I am me, without having to use the non-responsive Transfer Tool. The short answer? No.

I was told that the only way to get my account moved was to pay for the system repairs, then try the transfer again. The representative seemed unsure if my save data (including the uncopyable Smash Bros. and Mario Kart data) would be safe throughout the repair process. He assured me that my license and account data would be fine and transferable, though, even if Nintendo had to replace the entire system piece by piece.

I had to stand up a bit here. I complained that the quoted $85 seemed like a high price for the ability to transfer games I already legally purchased (and to repair a system I was literally planning on never using again). My efforts earned me a “loyal customer” discount of $25. The rep then e-mailed me a printable shipping slip and said I had 14 months to use it. I would be charged $60 (plus Pennsylvania sales tax) only when the system was repaired and ready to be sent back—one to two weeks after Nintendo receives it.

The choice

That’s where things stand. Thanks to aging hardware and a strict DRM system, I have a choice to make. Spend $60 to move $400 of legitimate Virtual Console purchases and other data from my aging Wii to my brand new Wii U—or don't. If I pass, at least I can continue playing those games on the Wii until the memory issue affecting the transfer process eventually prevents the Wii from working at all. At that point, I presume I would need the same repair option to save my purchases.

At the moment, I’m undecided. I enjoy having a virtual library of classic games at my fingertips on the Wii, but truthfully, I rarely play those titles. (I don't need a quick hit of nostalgia on the big screen every day.) And I loathe essentially rewarding Nintendo by paying the company for making this process so difficult. Then again, I’ve already sunk hundreds of dollars into buying these games, and I would prefer to keep that value going forward.

Most Wii owners will probably be able to use the transfer tool without a hitch, seamlessly enjoying their older content on the newer system. Sadly, a "loyal customer" like me wasn't so lucky.

UPDATE:Afewcommenters suggested that I might be able to avoid having to send my Wii in for repair by formatting my Wii's system memory and trying the transfer process again. This would guarantee I would lose the uncopyable save data on the system, but I would save the cost and hassle of a Nintendo repair.

After triple-checking my backup, I tried reformatting this morning. After waiting an hour and a half (for a process that Internet reports say usually takes a couple of minutes), I decided that the formatting had failed somewhere (even though the system showed it was still processing). I performed a hard reset, expecting my console to be a useless brick, but instead found that the formatting seems to have deleted some, but not all, of my saved data. I redownloaded the Wii Transfer Tool and started the process again, only to find that I got the same memory error, only now it appeared almost immediately, rather than a third of the way into the process.

Just for kicks, I went into my Wii save data management and tried deleting the file that the process seemed to be hanging on, an old save for Pro Evolution Soccer 2009. The system has been trying to delete that small file for the last ten minutes now without success. At this point, I'm guessing there's a physical problem with a specific memory location inside that file that is causing the transfer to malfunction.

Again, most Wii owners probably won't run in to this specific problem, and I don't necessarily expect Nintendo to be responsible for a physical problem in a system that's five years out of warranty. But the only reason this small hardware problem is an issue at all is that Nintendo's DRM is forcing the Transfer Tool to freeze on that bad sector, rather than simply letting me copy files from a clean backup or re-download purchases through a password-protected account.

Since this story was published, Nintendo PR has reached out to offer me a free repair on my console (an offer which Ars Technica's code of ethics prevents me from accepting). I'm currently awaiting a response from Nintendo on the prevalence of this kind of issue and whether the company would consider extending the Wii U's warranty to cover transfer-related issues on older Wii consoles.

Until then, I'm leaning toward paying to send the system in for repairs, just to see how the entire process goes and to confirm whether or not it will actually fix my problem. I'll be sure to update you if and when I have more information on that score.

Promoted Comments

The reason that the game data for Super Smash Brothers Brawl and Mario Kart Wii isn't transferred is because those games can be played via the internet. Any game that can use the internet won't allow game data to be backed up to an SD card or use the SD card to store the data. I hit this same issue when my launch series Wii's optical drive died and I got a new Wii to replace it. A guy that I work with had the same drive failure occur on his launch series Wii and he took it to a local repair shop to get the drive replaced because of the library of Virtual Console games his kids have on the unit.

In fact, things are even more irritating in these cases because unless you send the unit into Nintendo themselves for repair, you are unable to transfer any Virtual Console purchases between Wii consoles at all. The fact that Nintendo even provides a tool like this for the Wii U is at least a tiny step in the right direction for them.

I have to agree with the other people though, that with other platforms like XBox, PS3, iOS, Android and Steam allowing this to work with a single account and not binding the account to a device (with the exception of iOS, which allows a maximum of 5 devices to be tied to a single iTunes account (or did, not sure if that is still the case)), it is time that Nintendo catch up with the times. It can't be because all the third party developers are asking for it, since those same developers are fine with the way it works on the other platforms. This has to be something that is specifically for first party games from Nintendo.

Shawn

108 posts | registered Feb 28, 2005

Kyle Orland
Kyle is the Senior Gaming Editor at Ars Technica, specializing in video game hardware and software. He has journalism and computer science degrees from University of Maryland. He is based in the Washington, DC area. Emailkyle.orland@arstechnica.com//Twitter@KyleOrl

218 Reader Comments

Yep. It's exactly this sort of carry-on that has led to me sending every single gaming dollar I spend in the direction of GoG.com, Humble Bundle, and the like. I now have a zero-tolerance policy when it comes to DRM. It's just not worth the hassle any more.

I haven't been following the sales trends for a long time, but doesn't Nintendo have a strong home market in Japan? That's why whenever I read yet another article about them screwing over the consumer, I despair, because it seems like Japanese consumers simply lap up their shit, no matter how restrictive the DRM Nintendo piles on.

That's always been my impression of Nintendo; they care about their home market, the foreign ones are just gravy, we can just either take their crap or leave it.

To a somewhat lesser extent ditto Sony. There have been stories - baseless rumours for the most part, admittedly, but the fact that one can even possibly imagine any of them being legit is a nightmare - that they're looking towards entirely centralized "gaming": no buying media, you just download from their services. I mean, they already have the freaking PSN (which they own 100%, and this makes me question why does region locking still exist then, since they control it), it's not large step to imagine they simply make it mandatory to buy from there. Total, absolute control. Absurd? Maybe, but not impossible by any stretch of the imagination. Hell, they could even do it right now, simply update the PS3/Vita firmware to reject media and force people to install from purchases bought via PSN. Not likely for those two, but who knows in the future?

Yep. It's exactly this sort of carry-on that has led to me sending every single gaming dollar I spend in the direction of GoG.com, Humble Bundle, and the like. I now have a zero-tolerance policy when it comes to DRM. It's just not worth the hassle any more.

Or even just hassle free drm such as steam, the only hassle with which is outside drm like windows live or ubisofts convoluted "solution".

XBox Live has the capability to transfer your licenses from one console to another every so often (once or twice a year, something like that) using an online interface. Redownload the content on the new console, then transfer over your saves (if any). Can be done if the old console is total slag (the HD needs to be functional if you want saves, but that's it).

I actually just did this when my 5 year-old 360 died a week ago, and it was quite painless. It's the kind of system that Nintendo SHOULD have.

I have a feeling that even this scheme has its weakness. For example, your console can't even reboot, due to a fried component or general hardware failing due to defect. What then?

Then you just go to xbox.com and do it there. Nothing requires your physical xbox hardware it's all tied to your account.

PC gaming has had worse DRM than consoles for awhile now with online activations for almost every AAA title. If Steam ever goes under there are going to be a lot of unhappy people out there. Despite the urban legend, there is no official statement that Steam games will be playable if steam ends.

Steam is a long term rental service until proven otherwise.

While technically true, if steam were ever to go under, it wouldn't be particularly difficult for them to release a client update that fixed it in a sort of permanent offline mode, possibly providing a key file. You lose the key file, you'd be SOL of course, but that would be true with a non-DRM system too if the distributing company goes out of business and you lose the data files.

Besides, worst case scenario, you pirate it - no ethical issue if you already own it and the legitimate route is broken after all.

This!!The point is that with PC gaming, you always have a choice.Valve, with Steam, has made it as easy as possible to own games, even though it still is a form of DRM, it is a painless one and thankfully, I never had any experience which might cause me to think otherwise (YMMV)Installing games is painless, no CD's required, love the sales where entire game packs are available for $5-10 (btw, watch out for a big black friday sale)

I trust Valve enough to accept Steam, even though I also support Humble Bundle.Worst case scenario: Steam goes down, I don't have a doubt in my mind that Valve will make the games DRM free. On the off chance that it doesn't happen, I'm sure, of the millions of users, at least one person will be smart enough to figure out a work-around.

Edit: That is not to say that those who game on consoles are wrong. I guess Insert Disk->Play has it's own charm. After all, everyone is entitled to his own 'couch'

Yep. It's exactly this sort of carry-on that has led to me sending every single gaming dollar I spend in the direction of GoG.com, Humble Bundle, and the like. I now have a zero-tolerance policy when it comes to DRM. It's just not worth the hassle any more.

Or even just hassle free drm such as steam, the only hassle with which is outside drm like windows live or ubisofts convoluted "solution".

I used to be ok with Steam, but no more. I appreciate that for the most part it's relatively unobtrusive and I appreciate Valve's roots in the gaming community but it's still not worth it.

Multiple layers of DRM, from different companies on one product - no.Autoupdating that auto-borks your game despite having switched auto-borking off - no.Backup system that doesn't work - no.A "Play Offline" system that appears to be a complete lottery - no.A pain in the a** if your home PC configuration is anything but strictly 1 PC == 1 person - no.

These are only the first things that come to mind, and this is a DRM system that I consider pretty much the least obtrusive out there.

Just write off any purchases you made on your Wii (or various DS models) with the money you spent on renting games. From the beginning, I assumed that the games were forever to be tied to the device they were downloaded on. The fact that Nintendo gave a half-ass tool to move what you "bought" is more than I thought they would do. That's why I have purchased very little from the virtual store. Didn't the fact that Nintendo called them "virtual" consoles give you a hint at what might happen to the games?

Someone needs to file a class action lawsuit about this. To be blunt, I doubt that this is a hardware issue, it sounds more like a software issue and a 'bug' that didn't get noticed during pre-testing of the tool.

I mean, they already have the freaking PSN (which they own 100%, and this makes me question why does region locking still exist then, since they control it), it's not large step to imagine they simply make it mandatory to buy from there. Total, absolute control. Absurd? Maybe, but not impossible by any stretch of the imagination. Hell, they could even do it right now, simply update the PS3/Vita firmware to reject media and force people to install from purchases bought via PSN. Not likely for those two, but who knows in the future?

Spinfx, the main reason that they have not done that is because to most, their 'right of resale' is sacrosanct. Unless Sony gives a way to transfer licenses between accounts (so you can do a "I will trade you this game for that game!") that would never fly in the real world. Another solution to this is to lower the prices to the point where people won't feel the need to 'trade' games because they can afford all the games they want.

It would just lead to people breaking their DRM schemes even faster and finding ways to install purchases on their machines that Sony didn't approve.

DRM needs to go the way of the dodo AND there has to be a 'transfer right' that is the same for downloaded games and content as for physical games and content.

PC gaming has had worse DRM than consoles for awhile now with online activations for almost every AAA title. If Steam ever goes under there are going to be a lot of unhappy people out there.

PC gaming has worse DRM than consoles? If you PC dies with Steam you are not in a situation like this article. You log back in and re-download everything on any machine you like. Wii Shop purchases are essentially trapped in your Wii.

Steam has no limit on the amount of machines on which each can be installed (The Wii's limit is one). Steam lets you effortlessly play your games on another person's machine (unlike the Wii). Steam has no limit to the number of times you can re-download each game (unlike the Wii). You can't get into an analogous situation like the one in this Wii article -- if Steam knows who you are, you can play all your games, where ever you happen to be.

As for activation limits and onerous always online DRM -- go ahead and try it. Steam offline mode works great. Assassin's Creed 3 works great (Ubisoft is the one with the famous DRM but has backed down, no more activation even).

The essential fact is you rarely even notice 'DRM' Steam at all. You can do whatever you want with your games. Compare to the Wii where you simply would have to carry your console around to play eshop purchases on another system

I am sorry, but there are some problems with the way Nintendo choses to handle virtual console games. I have an old Wii that simply died. I have probably $100 worth of virtual console games on that system (which are tied to my nintendo.com account) and I have no way to transfer these to a new Wii. The only option is to pay to have the old console repaired.

I bought a new Wii and threw the old one in the trash and I still question why I can't simply login to my nintendo.com account on the new Wii and download the games again. What happens for people that wanted to switch from the white Wii to the Black one?

When I read about the Wii U I thought that Nintendo might come up with a system to transfer your Wii virtual console games. Letting you login to the Wii U with your nintendo.com account would make the most sense, but instead you have to use a transfer tool. This actually pretty silly.

Why go to all the effort to protect games that came out, starting around 1985 until around 1995??

The DRM system in place is overkill. The roms for these games can be pulled down in a single torrent and played from the many, many emulators that have been made.

I chose to mention torrents and roms simply to show that if I want these games for free I can have them, but those of us that buy games from the virtual console have chosen to pay for the games legally.

Kyle, thanks for the article. You saved me some money. I won't be bothering with Wii U just because I have no way to transfer my virtual console titles over to the new system.

Nintendo, you are are treating your paying customers like criminals. Let us login with our Nintendo.com account and download previously purchased titles.

And this is why I have a full NAND backup of my Wii, and of course turned off the Save copy protection.

You know it's bad when Microsoft has the least shitty DRM out there. Sony only allows you to download your games on 2 consoles, sucks when you have 2 PS3's and a PSP like me.

Those activation limits shouldn't be in place. As long as you prove that you own the console in question or someone in your immediate family does, they should allow you to download games to as many consoles as you wish.

And this is why I have a full NAND backup of my Wii, and of course turned off the Save copy protection.

You know it's bad when Microsoft has the least shitty DRM out there. Sony only allows you to download your games on 2 consoles, sucks when you have 2 PS3's and a PSP like me.

Those activation limits shouldn't be in place. As long as you prove that you own the console in question or someone in your immediate family does, they should allow you to download games to as many consoles as you wish.

I had my own run-in's with Nintendo support - bad ones. I had some hardware issues with a product under warranty. Low and behold, I had countless lower level technical support people, managers, and administrators - spending all day lying to my face about the issue and what the previous guy said. They even had the nerve to charge me $50 (discounted after hours of talking) for a problem that was completely their fault - not even giving up on scare tactics to part with my money. I got so mad at them I just wanted the system back even after they offered a free repair. With the amount of time I spent arguing with them, I could have bought 3 brand new Nintendo systems but now I just don't want to hear from them anymore.

Low and behold, when I got the system back, everything worked as I expected contrary to the lying support members who said my system had major damage and needed a $50 repair. The original warranty problem - still broken - but at least I know the truth. If I sent it to repair, I would have never known how much lying they did. It was like dealing with a used car dealership. Sadly, the old Nintendo is long gone. I had better support from AT&T and that's just sad.

My advice to you is, don't expect any major help from Nintendo's support without fighting for it. Be prepared to spend hours for every agent, manager, their manager, and so for to give every single reason why it's YOUR FAULT and not theirs. You can probably get this done for free but it's going to be a tough fight taking hours for something that's suppose to bring a smile to your face. In the end, you have to ask yourself, what are you winning? If you want to keep your sanity, your probably better just buying the $400 in games again instead of risking sending it in hopes whatever fix they do works again. At least you'll retain the "fun" that keeps you playing Nintendo games - if that's any consolation.

Well to quote governor Swanson:"When persuing the right course demands an act of piracy, piracy itself can be the right course."

Really, content distributors who rely on methods this draconian to stop people copying really fail to see the changed times. Especially since platforms like Steam serve as a shining example of how it should be done.

My problem is that Nintendo is gonna give the same answer publishers always give when shit hits the fan (that is, when too many people start complaining about their games being frozen in Limbo):

"We're doing this to fight against piracy you guys!".

Of course they'll also fail to realize that when it hurts legit customers more than pirates (who are probably going to flash their Wii U, thus downloading their library for free again) is when they should just admit they fucked up and offer everyone a coupon or a refund... "but it's for the good cause", they'll say.

This is one of the key reasons I refuse to pay for digital only goods ( I do make a few exceptions for DRM-free indie games because they can't afford to publish physical copies).

Digital only with DRM puts all of the power in the hands of the content holder. No reselling, no archiving, no guaranteed transfer from one device to another, proprietary formats, vendor lock in and the list goes on. I also refuse to buy physical copies that require online activation for much the same reason.

Anything I buy with DRM is immediately stripped and backed up. I will not be denied my purchases. I'm to the point where I don't even open DVD/BLU RAY discs anymore and find a copy elsewhere that doesn't encumber me.

Sony dropped their redownloads from 5 to 3. Which is still reasonable since you can easily login to your account on a friends PS3, download your games to it. Then he has free games. Probably takes a call to Sony to reset the limit.

Never understood why you just not have a Nintendo account like everyone else now. Getting DSi eShop games you had to send your device to Nintendo to transfer them to a 3DS.

It no longer seems to be limited by downloads, but by systems able to be downloaded to. For gaming devices it's 2 systems, not 3 (changed from 5.) Each system must be activated/deactivated for content at the system to allow/disallow games from a PSN account to be played on that specific ps3. If your ps3 was lost/stolen/destroyed, there's an online method which involves logging into sony entertainment website and deactivating ALL devices at once, which can only be done once every 6 months (without making a call to sony). You then reactivate the one(s) you want to use from the system after signing in.

a high price for the ability to transfer games I already legally purchased

You mean you legally licensed to run on that one device...

No, they provide a convoluted procedure to transfer it to a new device. I don't see why they cannot put a flag on his machine so if he were online with the old machine, they just don't work anymore, and just download them to the new machine.

Anything I buy with DRM is immediately stripped and backed up. I will not be denied my purchases. I'm to the point where I don't even open DVD/BLU RAY discs anymore and find a copy elsewhere that doesn't encumber me.

PC gaming has had worse DRM than consoles for awhile now with online activations for almost every AAA title. If Steam ever goes under there are going to be a lot of unhappy people out there. Despite the urban legend, there is no official statement that Steam games will be playable if steam ends.

Apple nailed this one. Buy a new device, and sync with iTunes or iCloud. Everything moves over and works in one fell swoop.

Except for the stuff that doesn't, due to the developer being a total assclown. I'm looking at you, Garmin/Navigon. Bought a new device? Want to use the software on it? Not a chance, despite what their own web pages say, they just tell you to buy it again, for $70+. Crooks.

(Hint, avoid Navigon like the plague, plenty of alternatives out there)

Obviously you are going to pay the $60 so you can write another article about that process and the results. i would be anxious to read that article to be honest, just to see if it works. I don't have a Wii (anymore) or plan on getting a Wii U but I'm always eager to read how DRM adds unnecessary difficulty to people's lives, that way i know i'm not alone..

You are fortunate that you are an Ars editor and can post an article like this. I think someone at Nintendo should definitely be pointed to this article. While I have no immediate intention of purchasing a Wii U, after reading this it's something that I simply won't even consider now.

I recently purchased a 2nd XBox and did not realize that using the transfer tool did not fully transfer the license. The other day, XBox live was down and I was unable to play any of my downloaded Rock Band tracks on my new console. When it came back, I re-downloaded everything, and now it works even when I'm not connected to XBox Live. No reason it shouldn't be that simple all the time.

Obviously you are going to pay the $60 so you can write another article about that process and the results. i would be anxious to read that article to be honest, just to see if it works. I don't have a Wii (anymore) or plan on getting a Wii U but I'm always eager to read how DRM adds unnecessary difficulty to people's lives, that way i know i'm not alone..

Hey Kyle I like this idea. See if it works. Cause if it doesn't... holy $#!&, that's a failure worth knowing.